The Board has remanded the Veteran's claim for an increased rating for his service-connected gunshot wound of the right (major) shoulder with residual traumatic arthritis and loss of motion, currently evaluated as 30 percent disabling. The case is to be readjudicated based on whether he is entitled to separate compensable ratings for entrance and exit wound scars from his gunshot wound injury and each muscle group affected by his gunshot wound injury.
The deciding factor: The Court vacated the part of the Board's June 2009 decision that denied the Veteran's claim for an increased rating, citing inadequate medical opinions and failure to consider applicable regulations regarding separate compensable ratings for scars and muscles. The case is remanded to allow for new VA examinations and consideration of these issues.
- Claimed conditions
- gunshot wound of the right (major) shoulder, residual traumatic arthritis and loss of motion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2010
- Citation
- 1040576
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1040576.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The veteran is seeking an increased rating for his service-connected gunshot wound to the right shoulder, which currently results in a 30 percent disability. The case has been remanded due to inadequate peripheral nerve examination and need for proper notice under Dingess v. Nicholson.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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